Case Law and Common Law Overview

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Questions and Answers

What type of cases does the General Regulatory Chamber handle?

Food safety (correct)

Social security and child support

Criminal injuries compensation

Asylum support

Which of the following areas is NOT a specialization of the Social Entitlement Chamber?

Asylum support

Social security and child support

Criminal injuries compensation

Welfare of animals (correct)

Which chamber is responsible for cases involving charities?

Social Entitlement Chamber

General Regulatory Chamber (correct)

Immigration services

Environment

What type of disputes does the Environmental specialization of the General Regulatory Chamber address?

Regulatory compliance in environmental laws Signup and view all the answers

Which options represent specializations of the General Regulatory Chamber? (Select all that apply)

Transport, including driving instructors Signup and view all the answers

What is the principle behind 'Equity follows the law'?

Equitable remedies will not contradict legal standards. Signup and view all the answers

Under which circumstance will equity provide a remedy according to common law principles?

If there is unequal equity among the parties. Signup and view all the answers

Which statement is true regarding the role of equity in relation to volunteers?

Equity does not assist anyone who provides no consideration. Signup and view all the answers

What is meant by 'Equality is equity' in equitable rights?

If property division is not specified, equitable shares are presumed. Signup and view all the answers

What does the term 'equity of redemption' refer to?

The rights of borrowers to reclaim mortgaged property. Signup and view all the answers

Which of the following is NOT a common equitable remedy?

Monetary compensation Signup and view all the answers

How did the law of trusts originate in relation to equity?

To safeguard land for crusaders and religious entities. Signup and view all the answers

What is a key characteristic of equitable remedies?

They are discretionary and depend on the court's judgment. Signup and view all the answers

What is the primary function of appellate courts?

To apply legal principles to cases already heard Signup and view all the answers

When was the Supreme Court of the United Kingdom created?

1 October 2009 Signup and view all the answers

What is the maximum number of judges that usually sit on a case in the Court of Appeal?

Three Signup and view all the answers

Which type of cases does the Supreme Court not hear?

Disputes over fact Signup and view all the answers

What is the location of the Supreme Court of the United Kingdom?

Middlesex Guildhall Signup and view all the answers

The Court of Appeal consists of different divisions. Which division deals specifically with criminal appeals?

Criminal Division Signup and view all the answers

How many judges are styled 'Justices of the Supreme Court'?

12 Signup and view all the answers

What type of evidence does the Supreme Court consider during its proceedings?

Documentary evidence Signup and view all the answers

What is the primary purpose of a mandatory injunction?

To compel a person to perform an act Signup and view all the answers

Under what circumstance is specific performance typically granted?

In cases involving contracts for the sale of land Signup and view all the answers

Which of the following is true regarding rescission?

It requires the parties to be restored to their prior positions Signup and view all the answers

What must be proven for a local custom to be recognized as a legal right?

It must have existed since 1189 without interruption Signup and view all the answers

Which statement accurately describes interim injunctions?

They preserve the status quo until a case is resolved Signup and view all the answers

What is a prohibitory injunction designed to do?

Order a party to cease a specific action Signup and view all the answers

Which of the following best describes the characteristics of valid local customs?

They must be obligatory and precisely defined Signup and view all the answers

What is the significance of the year 1189 in relation to local customs?

It is the cutoff date for determining an ancient custom Signup and view all the answers

What was the primary aim of the Council of Europe when it was formed?

To promote international cooperation and prevent human rights violations Signup and view all the answers

When did the European Court of Human Rights officially come into existence?

1959 Signup and view all the answers

What role did the European Commission of Human Rights play before its abolition in 1998?

Filtering cases and trying to resolve them by conciliation Signup and view all the answers

What significant legal change occurred with the Human Rights Act 1998?

Convention rights became enforceable in domestic law Signup and view all the answers

What does Section 2 of the Human Rights Act 1998 require from UK courts?

To consider prior decisions of the European Court of Human Rights Signup and view all the answers

In what year did the individual right to petition the European Court of Human Rights become available to UK citizens?

1966 Signup and view all the answers

What major change occurred with the European Commission and Court in 1998?

They were merged into a single court Signup and view all the answers

Where is the European Court of Human Rights based?

Strasbourg Signup and view all the answers

What is the relationship between common law and equity?

Equity supplements common law and operates within the same court structure. Signup and view all the answers

What does 'common law' traditionally refer to?

Judicial decisions made by judges in common law courts. Signup and view all the answers

How is case law significant in the legal system of England and Wales?

It provides judicial precedents for ambiguous legislation. Signup and view all the answers

Which statement best describes equity?

Equity and common law have been fused in the court system. Signup and view all the answers

What does 'equity' represent in the context of English law?

Legal principles developed from judicial decisions. Signup and view all the answers

What is the implication of having judicial precedence in case law?

Judicial precedents help maintain consistency in legal rulings. Signup and view all the answers

Why is case law considered a major source of domestic law?

It includes many laws that have never been legislated. Signup and view all the answers

What distinguishes common law from equity?

Principles of common law and equity are distinct and separate. Signup and view all the answers

Study Notes

Case Law

Case law is a source of law broken down into common law, equity, and custom.
Common law and equity have a history that developed over time.
This chapter provides an overview of custom as another source of law.
The chapter also reviews the court structure and hierarchy in the UK legal system.
The chapter concludes with a discussion on the European Court of Human Rights and the Human Rights Act of 1998.

Common Law and Equity

The common law consists of judge-made rulings and decisions from various courts.
Common law courts include the Court of Common Pleas, Exchequer, and King's Bench.
Initially, there wasn't a single system of law throughout the whole country. Local customs varied.
The Norman Conquest brought about a more unified legal system.
Cases were heard by 'Assizes' of the King's courts.
Equity developed as a separate branch of law focused on notions of fairness.
The Lord Chancellor, initially acting as the King's conscience, decided cases based on fairness and natural justice.
This led to the emergence of the Court of Chancery.
Cases decided by the common law and chancery courts sometimes conflicted.
The Supreme Court of Judicature Acts of 1873 and 1875 eventually merged equity and common law administration.

The Emergence of Common Law

Before 1066, there was no uniform legal system in the country.
Local customs ruled at the local level.
The Norman Conquest led to the emergence of a single legal system.
Judges developed rules and principles by consistently applying local customs.
The common law was formed from a combination of custom and case law.

Problems with Common Law

Actions could only be brought if there was already a corresponding writ.
The procedure was inflexible and costly, leading to delay.
Monetary compensation was not often an adequate remedy.
Common law did not recognize specific rights like trusts or mortgages.

Equity

Equity is an alternative legal system based on fairness.
The Court of Chancery was established to resolve cases the common law could not address.
The Court of Chancery decisions were based on fairness and natural justice.
Equity developed its own maxims, rights, and remedies (e.g., injunctions, specific performance).
It also created new rights not covered in common law (e.g., equitable remedies).
The conflict between common law and equity produced different outcomes.
The Supreme Court of Judicature Acts of 1873 and 1875 ultimately integrated common law and equity principles.

Custom

Custom is a source of law based on established practices.
To be valid, a custom must meet stringent requirements (e.g., immemorial existence, continuity, reasonableness).
Customs are usually relevant in the context of land disputes.

Courts, Personnel, and Jurisdictions

The UK court system consists of various levels (e.g. Trial, Appellate).
Courts like King's Bench, Exchequer, and Common pleas were important in the development of common law.
Specialized courts such as the Administrative, Admiralty, and Technology and Construction Courts exist.

Supreme Court

The Supreme Court became the final court of appeal in the UK in 2009.
It consists of twelve judges.

Court of Appeal

The Court of Appeal hears appeals from lower courts.
It deals with both criminal and civil matters.

High Court

The High Court is divided into three divisions: King's Bench, Chancery, and Family.
It handles a vast array of legal issues in civil matters.

County Court

The County Court deals with less complex civil cases.
It has jurisdictional limits.
It includes small claims, personal injury, and other types of civil cases where the value of the claim is lower.

Tribunals

Tribunals offer an alternative dispute resolution mechanism.
There are various types of tribunals for different specific areas (e.g. Tax, Immigration & Asylum).
Tribunals offer a more accessible and quicker process, often with less formal procedures.

The European Court of Human Rights (ECtHR)

The ECtHR is a crucial international court.
The European Convention on Human rights (ECHR) provides the legal framework for the ECtHR and determines standards of behavior.
The Human Rights Act of 1998 introduced the ECHR into UK law.

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Description

This quiz explores the concepts of case law, common law, and equity, along with the court structure in the UK legal system. It discusses the evolution of law through history, local customs, and the impact of the European Court of Human Rights. Test your knowledge on these legal foundations and their significance.